








c^^r* -^ilfiill?* a^<^ • 



>*, 



•♦ *o 



4* 









v A^ 






'.<■' /\ T? 












<* ♦• 




»», ''TV.' A <,*•••• .0' 



»'- <W • 










s y> 



p^ : 





























( : > ^ • 






• - >°\ •; 



^ ***•*&&*+ A;tf;.\ **'$&**+ i 






jv a » . &. 5» 



-f* ^« 






* • » • 4^r °^ * • • « 































V V 



• at *** 







k9 .•ill'. 



■*<?6 




•- "*** A?* ♦^WP^* «* *. **&>£*' ^ A*& ♦> 



v v 



a .»••, ^, 



>bV 






















• %*** .'MR** *~e* v ■••* 



;• ** v \ •<* 






V 















v^ . ' • ... c. 



^Lr. "•> 






/ 



*9 . 



I 



2 ft, 



::,' 3 
DRAFT OF CONSTITUTION 



OF 



THE STATE OF RHODE-ISLAND 



AND PROVIDENCE PLANTATIONS, 



AS REVISED BY A COMMITTEE APPOINTED BY THE 
CONVENTION, ASSEMBLED AT PROVIDENCE, 



NOVEMBER, 1841 



PRINTED BY ORDER OF THE CONVENTION FOR THE CONSIDERATION OF 
THE CONVENTION, AND OF THE PEOPLE AT LARGE. 



PROVIDENCE: 
KNOWLES & VOSE, PRINTERS, 
184 1. 



1 






NOTICE. 

The Convention called by the General Assembly for 
the purpose of forming a Constitution for the government 
of this State, met at Providence, November 1, 1841, and 
on November 13, they adjourned to meet at the State- 
House, in Providence, on the second Monday of Februa- 
ry next, at 3, P. M., having previously appointed Henry 
Y. Cranston, Wilkins Updike and Elisha R. Potter, a 
Committee to revise and print the Constitution as amend- 
ed for the consideration of the Convention and of the peo- 
ple. That Committee have performed the duty intrusted 
to them, and now present to the Convention and to the 
public, the result of their labors. In many cases they 
have transposed the sections, and in others altered the 
language and condensed them ; but they have in no case 
designedly altered the meaning of the Constitution as set- 
tled by the Convention. Wherever they have thought 
proper to recommend the addition or omission of any 
words of consequence, they have included them in brack- 
ets. The ninth section of the Article on Suffrage, is 
the one added on motion of Mr. Wilbor, of Coventry, and 
if finally adopted, will render many changes necessary in 
other parts of the Article. If eldest sons are not to be 
hereafter admitted, other changes will be necessary. The 
Committee have therefore printed the rest of the Article 
as it was originally reported by the Committee. Those 
sections marked thus f, were reported, but not acted upon. 
The object of the Convention in adjourning, was to give 
the members of it an opportunity to consult their constitu- 
ents and ascertain their views, and when they meet again 
in February, the whole Constitution will probably be re- 
considered, and altered or amended as thought best. 

HENRY Y. CRANSTON, 
WILKINS UPDIKE, 
ELISHA R. POTTER. 
Providence, Nov. 20, 1841. 



DRAFT OF CONSTITUTION, 



We, the people of the State of Rhode-Island and Pro- 
vidence Plantations, do ordain and establish this Consti- 
tution for the government thereof. 

ARTICLE FIRST. 

DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND 
PRINCIPLES. 

In order effectually to secure the religious and political 
freedom established here by our venerated ancestors, and 
to preserve the same for their posterity, we do declare, 
that the inherent, essential, and unquestionable rights and 
principles hereinafter mentioned, among others, shall be 
established, maintained and preserved, and shall be of 
paramount obligation in all legislative, judicial and execu- 
tive proceedings. 

Section 1. Every person, within this State, ought to 
find a certain remedy, by having recourse to the laws, for 
all injuries or wrongs which he may receive in his person, 
property or character, He ought to obtain right and jus- 
tice freely, and without being obliged to purchase it, com- 
pletely, and without denial, promptly and without delay; 
conformably to the laws. 

Sec. 2. The right of the people to be secure in their 
persons, papers and possessions, against unreasonable 



searches and seizures, shall not be violated ; and no war- 
rant shall issue, but on complaint in writing, upon proba- 
ble cause, supported by oath or affirmation, and describing 
as nearly as may be, the place to be searched and the per- 
sons or things to be seized. 

Sec. 3. No person shall be holden to answer for a capi- 
tal or other infamous crime, unless on presentment or in- 
dictment by a grand jury, except in cases of impeach- 
ment, or such offences as are usually cognizable by a 
justice of the peace, or in cases arising in the land or naval 
forces, or in the militia, when in actual service, in time 
of war or public danger. No person shall be tried, after 
an acquittal, for the same offence. 

Sec. 4. Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel punishments inflicted ; and all 
punishments ought to be proportioned to the offence. 

Sec. 5. All persons imprisoned ought to be bailable by 
sufficient sureties, unless for capital offences, when the 
proof is evident, or the presumption great. The privilege 
of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety 
shall require it ; nor ever without the authority of the 
Legislature. 

Sec. 6. In all criminal prosecutions, the accused shall 
enjoy the privilege of a speedy and public trial, by an im- 
partial jury ; to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against 
him, to have compulsory process for obtaining them in 
his favor, and to have the assistance of counsel in his de- 
fence, and be at liberty to speak for himself; nor shall he 
be deprived of life, liberty, or property, unless by the 
judgment of his peers, or the law of the land. 



5 

Sec. 7. The person of a debtor, where there is not 
strong presumption of fraud, ought not to be continued in 
prison, after he shall have delivered up his property for 
the benefit of his creditors, in such manner as shall be 
prescribed by law. 

Sec. 8. No [retrospective, or] ex post facto law, or law 
impairing the obligation of contracts, shall be made. 

Sec. 9. No man in a court of common law shall be 
compelled to give evidence criminating himself. 

Sec. 10. Every man being presumed innocent, until 
pronounced guilty by the law, all acts of severity, that 
are not necessary to secure an accused person, shall be re- 
pressed. 

Sec. 11. The right of trial by jury shall remain inviolate. 

Sec. 12. Private property shall not be taken for public 
uses, without just compensation. 

Sec. 13. The citizens shall continue to enjoy and free- 
ly exercise the rights of fishery, and all other rights to 
which they have been heretofore entitled under the char- 
ter of this State, except as is herein otherwise provided. 

Sec. 14. The military shall always be held in strict 
subordination to the civil authority. 

Sec. 15. No soldier, shall, in time of peace, be quarter- 
ed in any house, without the consent of the owner ; nor, 
in time of war, but in manner to be prescribed by law. 

Sec. 16. The liberty of the press being essential to the 
security of freedom in a State, any citizen may publish 
his sentiments on any subject, being responsible for the 
abuse of that liberty ; and in all trials for libel, both civil 
and criminal, the truth, spoken from good motives and for 
justifiable ends, shall be a sufficient defence to the person 
charged. 



Sec. 17. The citizens have a right in a peaceable man* 
ner to assemble for their common good, and to apply to 
those invested with the powers of Government, for re- 
dress of grievances, or other purposes, by petition, address 
or remonstrance. 

Sec. 18. The right of the people to keep and bear arms, 
shall not be infringed. 

Sec. 19. Whereas Almighty God hath created the mind 
free ; and all attempts to influence it, by temporal punish- 
ments or burthens, or by civil incapacitations, tend to be- 
get habits of hypocricy and meanness; and whereas a 
principal object of our venerable ancestors, in their mi- 
grations to this country, and their settlement of this State, 
was, as they expresed it, to hold forth a lively experiment, 
that a flourishing, civil state, may stand, and be best 
maintained, with full liberty in religious concernments ; 
We therefore declare that no man shall be compelled to 
frequent or support any religious worship, place or min- 
istry whatever ; nor enforced, restrained, molested or bur- 
thened in his body or goods ; nor disqualified from hold- 
ing any office ; nor otherwise suffer, on account of his re- 
ligious belief. And that all men shall be free to profess, 
and by argument to maintain their opinion in matters of 
religion j and that the same shall in no wise diminish, en- 
large or affect their civil capacities. 

Sec. 20. The enumeration of the foregoing rights shall 
not be construed to impair or deny others retained by the 
people. 



ARTICLE SECOND. 

OF THE RIGHT OF SUFFRAGE. 

Section 1. Every person who is now a freeman shall 
continue to be so, so long as he retains the qualifications 
upon which he was admitted. And hereafter every free 
white male native citizen of the State, of the age of twen- 
ty-one years, who is possessed in his own right of a real 
estate within this State, of the value of one hundred and 
thirty-four dollars, or which shall, rent for seven dollars 
per annum, being an estate in fee simple, fee tail, or an 
estate in reversion or remainder which qualifies no 
other person to be a freeman, or at least an estate for 
a person's own life, [or the eldest son of such a free- 
holder,]* may be admitted a freeman and elector in the 
town where he resides, and where the estate lies, by the 
freemen thereof. Provided that the yearly value of a life 
estate to qualify a freeman shall exceed the amount of rent 
reserved (if any) by the sum of seven dollars per annum : 
and provided also that an estate under mortgage shall 
qualify the mortgagee (if in other respects qualified) and 
him only. And no person shall vote on his estate under 
mortgage, while in his posession, unless his interest there- 
in shall exceed the sum of one hundred and thirty-four 
dollars over and above all incumbrances whatever. 

-j-Sec. 2. Every free white male native citizen of the 
United States or any of its territories who has removed 
or shall remove into this State and have his actual resi- 
dence therein for one year next preceding his admission, 
may be admitted a freeman in the town where his 
estate lies, upon his being otherwise qualified accord- 
ing to this article. 



*These words were stricken out by the Convention. 



8 

fSec. 3. Any free white male, native of any foreign 
country, naturalized in the United States according to 
law, who shall have his actual permanent residence in this 
State for the term of three years after naturalization, and 
be otherwise qualified according to this article, may be 
admitted a freeman by act of the General Assembly, but 
not otherwise : and no alien not naturalized shall be so 
admitted. 

fSec. 4, The oldest son, being of lawful age, of a free- 
holder qualified as herein before prescribed, except in re- 
gard to sex, shall be entitled to be admitted a freeman 
in the town where the freehold lies. Provided that in the 
case of a foreigner, the son shall not be admitted until af- 
ter the father shall have been admitted by act of the Gen- 
eral Assembly, nor until such son shall himself have been 
naturalized, if requisite ; and the same term of residence, 
in such case, shall be required for the admission of the son 
as for that of the father. 

fSec. 5. Every person, except the oldest son of a free- 
holder and freeman, shall before his admission be pro- 
pounded at least three months in open town-meeting. 
But it shall be sufficient for the oldest son of a freeholdei 
who is not a freeman, to produce when propounded, a 
certificate from the proper Town Clerk setting forth the 
freehold qualification of the parent. Any freeman losing 
his qualification shall upon afterwards becoming qualified 
be entitled to all the rights of a freeman, without a new 
admission. No person shall be propounded unless at the 
time of propounding he is of lawful age, and qualified 
with a sufficient estate, or is the oldest son of a free- 
holder. 

fSec. 6. Any person qualified with a sufficient estate. 



9 

Who lives out of the town in which his estate lies, and 
also any oldest son of a competent freeholder, living in 
a different town from the one in which the parent resides, 
or the parent's freehold lies, shall (without being admit- 
ted a freeman) be permitted to vote in the town in which 
he resides for General Officers and Representatives to the 
General Assembly, on producing a ^ certificate from the 
proper Town Clerk, bearing date within ten days of his 
voting, setting forth the neccessary freehold qualification, 
and being otherwise qualified according to this article ; and 
provided that such person shall, in all such cases, have re- 
sided in the State one year, and shall also have resided in 
the town in which he votes, ten days before voting for 
General Officers, and one year before voting for Represen- 
tatives to the General Assembly. Any person admitted 
a freeman in one town and removing to another town in 
which he has a sufficient estate, may be admitted a free- 
man in such town without being propounded, upon pro- 
ducing a certificate of his having been admitted a free- 
man in the town from which he removed. 

fSec. 7. No person shall be permitted to vote in any 
town who is not qualified with a sufficient freehold in 
such town, and who shall not have his residence therein 
for the space of three months next previous to such voting, 
except in the cases in this Article particularly expressed : 
Provided, that an oldest son, qualified as herein prescribed, 
may vote in the town where his parent's freehold lies, 
having resided therein for three months next preceding 
his voting. , 

fSec. 8. The deed or conveyance (if any) of the estate 
which qualifies the person offering to vote, or the parent 
2 



10 

of the person offering to vote, shall, in all cases, have been 
recorded in the town where such estate lies, for the space 
of three months previous to the time of voting : and in 
case of any person voting upon certificate out of the town 
in which the estate that qualifies him or his parent lies, 
such certificate shall, in addition to what is herein before 
required, state that the deed or conveyance has been so 
recorded. 

Sec. 9. Every free white male citizen of the United 
States, who is possessed in his own right of personal pro- 
perty, to the amount of five hundred dollars, [add above all 
debts and incumbrances,] and who has been assessed 
therefor in the town where he resides, and who at the 
time of his offering to vote, shall produce a certificate or 
certificates, that he has paid the taxes thereon for the two 
years next preceding the time of his offering to vote, 
shall be allowed to vote for general and town officers and 
on all other questions. Provided he shall have resided in 
such town for two years preceding his voting, [add and 
provided the taxes assessed as aforesaid, shall have been 
paid at least months before such voting.] 

fSec. 10. All persons entitled to vote, shall be protected 
from arrest in civil cases, on the days of election and on 
the day preceding and the day following an election. 
Paupers, persons under guardianship, non compos, and 
persons convicted of any infamous crime, shall not be ad- 
mitted, or act as freemen. But the privilege of any per- 
son convicted as aforesaid may be restored by act of the 
General Assembly. The provisions of this article shall 
apply to cities as well as to towns. 

fSec. 11. The General Assembly shall have full power 
[add to provide for the registration of voters, if they deem 



11 

it necessary,] to regulate the manner of voting, the form 
of certificates, to provide for ascertaining the value of es- 
tates when disputed ; and generally to enact all laws ne- 
cessary to carry this Article into effect, and to prevent 
abuse and fraud. 

ARTICLE THIRD. 

(To be inserted.) 
[of the distribution of powers. 
Section 1. The powers of the government shall be dis- 
tributed into three distinct departments : the Legislative, 
Executive and Judicial. 

Sec. 2. No person or persons belonging to one of these 
departments shall exercise any of the powers properly be- 
longing to either of the others, except in cases herein ex- 
pressly directed or permitted.] 

ARTICLE FOURTH. 

OF THE LEGISLATIVE POWER. 

Section 1. This Constitution shall be the supreme law 
of the State, and all laws enacted contrary thereto, shall 
be void. 

Sec. 2. The Legislative power, under this Constitu- 
tion, shall be vested in two distinct Houses, or Branches ; 
[add each of which shall have a negative on the other ;] 
the one to be styled the Senate, the other the House of 
Representatives ; and both together, the General Assembly. 
The style of their laws shall be, "Be it enacted by the 
General Assembly as follows." 

Sec. 3. There shall be one session of the General As- 
sembly holden annually at Newport, on the first [Tuesday] 
of May ; and one other annual Session to be holden on 



12 

the last Monday of October, once in two years at 
South Kingstown, and the intermediate years alternately 
at Bristol and East-Greenwich ; and the adjournment from 
the October Session, shall be holden at Providence. 

Sec. 4. No member of the General Assembly shall 
take any fees, or be of counsel, in any case pending be- 
fore either branch of the General Assembly, under pen- 
alty of forfeiting his seat, upon the same being proved to 
the satisfaction of the branch of which he is a member. 

Sec. 5. The Senators and Representatives, shall, in all 
cases of civil process, be privileged from arrest, during 
the session of the General Assembly, and for two days 
before the commencement, and after the termination 
thereof. And for any speech in debate, in either house, 
they shall not be questioned in any other place. 

Sec. 6. Each House shall be the judge of the elections 
and qualifications of its members ; and a majority shall 
constitute a quorum to do business ; but a smaller num- 
ber may adjourn from day to day, and may compel the 
attendance of absent members, in such manner, and under 
such penalties as each House may prescribe. 

Sec. 7. Each House may determine the rules of pro- 
ceedings, [add punish contempts,] punish its members for 
disorderly behavior, and, with the concurrence of two- 
thirds, expel a member ; but not a second time for the 
same cause. 

Sec. 8. Each House shall keep a journal of its pro- 
ceedings. The yeas and nays of the members of either 
House, shall, at the desire % of one-fifth of those present, 
be entered on the journal. 

Sec. 9. Neither House shall, during a session, without the 
consent of the other, adjourn for more than two days, nor 



13 

to any other place than that in which they may be sitting. 

Sec. 10. The General Assembly shall continue to ex- 
ercise the judicial power, the power of visiting corpora- 
tions, and all other powers they have heretofore exercised 
not inconsistent with this Constitution. 

Sec. 11. The General Assembly shall regulate the 
compensation of the Governor and Qther officers elected 
by general ticket, or by the General Assembly, an,d of 
the Representatives to the General Assembly, subject to 
the limitations contained in this Constitution. 

fSec. 12. All lotteries shall hereafter be prohibited in 
this State. 

fSec. 13. The General Assembly shall have no power, 
hereafter, to incur State debts, to an amount exceeding 
fifty thousand dollars, except in time of war, or in case 
of invasion, without the express consent of the people. 

Sec. 14. The General Assembly shall from time to time, 
provide for making new valuations of property, for the as- 
sessment of taxes, in such manner as they may deem best. 

ARTICLE FIFTH. 

OF THE HOUSE OF REPRESENTATIVES. 

Section 1. The House of Representatives shall consist 
of members elected by the electors of the several towns 
and cities in the respective town and ward meetings. 
Each town or city having four thousand inhabitants, and 
under six thousand five hundred, shall be entitled to elect 
three representatives ; each town or city having six thou- 
sand five hundred inhabitants, and under ten thousand, 
shall be entitled to elect four representatives ; each town 
or city having ten thousand inhabitants, and under fifteen 
thousand, shall be entitled to elect five representatives ; 



14 

each town or city having fifteen thousand inhabitants, and 
tinder twenty-one thousand, shall be entitled to elect six 
representatives ; each town or city having over twenty- 
one thousand inhabitants shall be entitled to elect seven 
representatives ; but no town or city shajl be entitled to 
elect more than seven representatives, nor less than two. 
The representation of the several towns and cities in this 
State, shall be apportioned agreeable to the last census of 
the people of the United States, preceding the election. 

Sec. 2. The House of representatives shall have au- 
thority to elect their Speaker, Clerks, and other officers. 
The oath of office shall be administered by the Secretary 
of State, or in his absence by the. Attorney General 
[omit in the presence of the Senate.] [Add the Clerks 
shall be engaged by the Speaker.] 

Sec. 3. Whenever the seat of a member of the House 
of Representatives shall be vacated by death, resignation 
or otherwise, the vacancy may be filled by a new election. 

Sec. 4. [Add The senior member from the town of 
Newport present shall preside in the organization of the 
House.] 

ARTICLE SIXTH. 

OF THE SENATE. 

The Senate shall consist of ten members, to be chosen 
annually, by general ticket. The Lieutenant-Governor 
shall ex-officio be a member of the Senate. The Secre- 
tary of State shall be by virtue of his office, Secretary of 
the Senate, [add unless otherwise provided by law. And 
the Senate may elect such other officers as they may deem 
necessary.] 



15 
ARTICLE SEVENTH. 

OF IMPEACHMENTS. 

Section 1. The House of Representatives shall have the 
sole power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate ; 
and when sitting for that purpose, they shall be under oath 
or affirmation. No person shall be convicted except by 
vote of two-thirds of the members elected. When the 
Governor is impeached, the Chief Justice of the Supreme 
Court shall preside, with a casting vote in all preliminary 
questions. 

Sec. 3. The Governor, and all other Executive and Ju- 
dicial officers shall be liable to impeachment: but judg- 
ment in such cases, shall not extend further than to re- 
moval from office. The party convicted, shall, neverthe- 
less, be liable to indictment, trial and punishment, accord- 
ing to law. 

ARTICLE EIGHTH. 

OF THE EXECUTIVE POWER. 

Section 1. The chief executive Power of this State 
shall be vested in a Governor. 

Sec. 2. The Governor shall take care that the laws be 
faithfully executed. 

Sec. 3. He shall be Captain-General and Commander 
in Chief of the military and naval forces of this State, ex- 
cept when they shall be called into the service of the 
United States. 

Sec. 4. He shall have power to grant reprieves, after 
conviction, in all cases, except those of impeachment, un- 
til the end of the next session of the General Assembly, 
and no longer. 



16 

Sec. 5, He shall preside in the Senate and in Grand 
Committee, and shall have a right in case of equal division 
to vote. 

Sec. 6. [Add He may fill vacancies in office not other- 
wise provided for by this Constitution or by law, until the 
next session of the General Assembly.] 

Sec. 7. He shall from time to time, give to the Gene- 
ral Assembly information of the state of the government 
and recommend to their consideration, such measures as 
he shall deem expedient. 

Sec. 8. In ease of disagreement between the two 
Houses of the General Assembly, respecting the time or 
place of adjournment, he may adjourn them to such time 
and place as he shall think proper ; provided that the time 
of adjournment shall not be extended beyond the day of 
the next stated session. 

Sec. 9. He may, on special emergencies, convene the 
General Assembly at any town in this state, at any time 
not provided for by law, and in case of danger from the 
prevalence of epidemic or contagious diseases, in either of 
the places in which the General Assembly may by law 
meet, or to which they may have been adjourned, or from 
other circumstances, he may, by proclamation, convene 
said Assembly, at any other place within this State. 

Sec. 10. All commissions shall be in the name and by 
authority of the State of Rhode-Island and Providence 
Plantations ; shall be sealed with the State seal, signed by 
the Governor, and attested by the Secretary. 

Sec. 11. Incase of the death, resignation, refusal, or 
inability to serve, or removal from office of the Governor, 
or of his impeachment or absence from the State, the 
Lieutenant Governor shall exercise the. cowers and au- 



17 

thority appertaining to the office of Governor, until an- 
other be chosen at the next annual election for Governor, 
and be duly qualified, or until the Governor impeached 
or absent, shall be acquitted or return. 

Sec. 12. If the offices of Governor and Lieutenant 
Governor be both vacant by reason of death, resignation, 
absence or otherwise, the senior Senator in rank, for the 
time being, shall in like manner administer the govern- 
ment, until he be superseded by a Governor or Lieutenant 
Governor. 

Sec. 13. The compensation of the Governor and Lieu- 
tenant Governor shall be established by law, and shall not 
be diminished during the term for which they were elect- 
ed. 

Sec. 14. The duties and powers of the Secretary, At- 
torney General, and General Treasurer, shall be the same 
under this Constitution, as are now established or from 
time to time may be prescribed by law. 

ARTICLE NINTH. 

OF ELECTIONS. 

Section 1. The Governor, Lieutenant Governor, and 
Senators, Secretary of State, Attorney General, and Gen- 
eral Treasurer, shall be elected at the town, city, or ward 
meetings, to be holden on the third Wednesday of April, 
annually ; the Governor, Lieutenant Governor, Secretary 
of State, Attorney General, and General Treasurer, who 
may be legally chosen at the aforesaid meeting, shall sev- 
erally hold their offices for one year, from the first Tuesday 
in May next succeeding their election and until others 
are legally chosen and duly qualified to fill their places. 
3 



18 

[Add The Senators shall hold their offices for one year 
and until a majority of a new Senate is qualified to act.] 
The members of the House of Representatives shall be 
elected semi-annually as follows, viz : for the May session, 
on the third Wednesday of April, and for the October ses- 
sion on the last Tuesday of August. 

Sec. 2. Every person who shall vote for the officers 
mentioned in the preceding section, shall have his name 
written at full length on the back of his vote at the time 
of delivering the same ; and the names of all the officers 
voted for shall be put upon one ticket, and all the votes so 
taken shall be, in open town, city, or ward meeting, sealed 
up by said town or ward Clerk, and shall, together with 
a list of the persons voting for Governor, be delivered to 
a Senator, or one of the Representatives of such city or 
town, whose duty it shall be to deliver them to the Speak- 
er of the House of Representatives, after the said House 
shall be duly organized ; which votes shall be opened, 
counted, and declared as the House of Representatives 
shall direct. 

Sec. 3. [Add In voting for Senators the names of the 
persons voted for shall be numbered from one to ten ; and 
in counting the votes and for all other purposes, the places 
numbered shall be considered as separate offices.] 

Sec. 4. If no person shall have a majority of votes for 
the office of Governor, or Lieutenant Governor, the Sen- 
ate -and House of Representatives, in grand committee, 
may choose one by ballot from the two persons having 
the highest number of votes. 

Sec. 5. In case an election of the Secretary of State, 
Attorney General, or General Treasurer, should fail to be 
made by the electors at their annual election, the vacancy 
or vacancies shall be filled by the General Assembly in 
grand committee from the two candidates for such office 
having the greatest number of votes of the electors. Or, 
in case of a vacancy in either of said offices from other 
causes, [add between the sessions of the General Assembly, 



19 

the Governor shall appoint some person to fill the same 
until the next session of the General Assembly, and in 
such case, and also in other cases not otherwise provided 
for,] the General Assembly may fill the vacancy with any 
candidate it may select. 

Sec. 6. In case an election of a majority of Senators 
should fail, in any instance, to be made by the electors at 
their annual election, the vacancies shall be filled by the 
House of Representatives, from the two candidates for 
each office having the highest number of votes of electors; 
all vacancies in the Senate from any other cause, shall be 
filled by the two Houses in grand committee. 

Sec. 7. All general Officers shall take the following 
engagement before they act in their respective offices, to 
wit : You being by the free vote of the free- 

men of this State of Rhode-Island and Providence Plan- 
tations, elected unto the place of do solemnly swear 
(or affirm) to be true and faithful unto this State, and to 
support the Constitution of this State and of the United 
States ; that you will faithfully and impartially discharge 
all the duties incumbent on you in your aforesaid office, 
[add according to the best of your abilities,] according to 
law : So help you God. Or, this affirmation you make 
and give upon the peril of the penalty of perjury. [Add 
And the Representatives in the General Assembly shall 
take an engagement to the same effect.] 

Sec. 8. In all elections held by the people, under this 
Constitution, a majority of all the electors voting shall be 
necessary to the choice of the persons voted for. 

Sec. 9. [Add The officers now elected in Grand Com- 
mittee shall continue to be so elected until otherwise pre- 
scribed bylaw.] 

Sec. 10. [Add The oath or affirmation shall be adminis- 
tered to the Governor, Lieutenant Governor and Senators, 
by the Speaker of the House of Representatives in presence 
of the House. The Secretary of State, Attorney General 



20 , 

and General Treasurer shall be engaged before the Gov- 
ernor.] 

ARTICLE TENTH. 

OF QUALIFICATIONS FOR OFFICE. 

Section 1. No person shall be qualified to hold the of- 
fice of Governor, Lieutenant-Governor, Senator, or Rep- 
resentative in the General Assembly, unless he be a duly- 
qualified elector and freeman. No person shall be elected 
Representative to the General Assembly, or to any town 
or city office, unless he be a freeman and inhabitant of 
the town or city which elects him. 

Sec. 2. Every person shall be disqualified from holding 
any office to which he may have been elected, if he be 
convicted of having offered [add or procured any other 
person to offer], any bribe to secure his election. 

Sec. 3. The Judges of all the Courts and all other offi- 
cers, both civil and military, shall be bound by oath or 
affirmation to the faithful observance of the provisions of 
this Constitution, and the Constitution of the United 
States. 

Sec. 4. No person who holds any office under the gov- 
ernment of the United States, or any other State of for- 
eign country, shall be capable of acting as a general offi- 
cer, or shall take a seat in the General Assembly, unless 
at the time of taking his engagement, he shall have re- 
signed his office under the general government. And if 
any general officer, Representative [add or Judge,] shall 
after his election, accept or hold any office under any oth- 
er government, he shall not be capable thereafter of acting 
as a General officer, Representative, or Judge, but the of- 
fice shall be thereby vacated. 

ARTICLE ELEVENTH. 

OF THE JUDICIAL POWER. 

Sec. 1. The Judicial power of this State shall be vest- 
ed in one Supreme Judicial Court, and in such other inferior 



21 

Courts as the General Assembly may from time to time 
ordain and establish ; and the jurisdiction of the Supreme 
and of all other Courts, may from time to time be regulated 
by the General Assembly. 

Sec. 2. Chancery powers may be conferred by the Gen- 
eral Assembly on the Supreme Judicial Court, but no other 
Court exercising Chancery powers, shall be established in 
this State, [add except as is now provided by law.] 

Sec. 3. The Justices of the Supreme Judicial Court shall 
be elected in Grand Committee of the two Houses, to hold 
their offices until their places be declared vacant by a 
resolution of the General Assembly to that effect, which 
shall be voted for by a majority of all the members elec- 
ted to the House in which it may originate, and be con- 
curred in by the same majority of the other House. Such 
resolution shall not be entertained at any other than the an- 
nual Session for the election of public officers j and in de- 
fault of the passage thereof at said Session, the Judge or 
Judges shall hold his or their places as is herein provid- 
ed. But a Judge of this, or of any other Court inferior to 
the same, shall be removable from office, if upon impeach- 
ment he shall be found guilty of any official misde- 
meanor. 

Sec. 4. In case of vacancy by the death, resignation, 
refusal or inability to serve, or absence from the State 
of a Judge of this Court, his place may be filled by the 
Grand Committee until the next anuual election ; when, 
the Judge elected, shall hold his office as before provided. 

Sec. 5. The Judges of the Supreme Judicial Court shall 
receive a suitable compensation for their services, which 
shall not be diminished during their official term. 

Sec. 6. The Judges of the Supreme Judicial Court, shall 
in all trials instruct the Jury in the law, and it shall be the 
duty of said Judges, to give their opinions upon questions 
of law, when required by the Governor, or either House 
of the General Assembly. 

Sec. 7. The Courts of Probate in this State, [except- 



ing the Supreme Judicial Court,] shall remain as at pre- 
sent established by law, until the General Assembly shall 
otherwise prescribe. 

ARTICLE TWELFTH. 

OF EDUCATION. 

Section 1. The diffusion of knowledge, as well as of 
virtue among the people being essential for the preserva- 
tion of their rights and liberties, it shall be the, duty of the 
General Assembly to promote public schools, and to adopt 
all other means to secure to the people the advantages and 
opportunities of education, which they may deem neces- 
sary and proper. 

Sec. 2. The money which now is, or which may here- 
after be appropriated by law for the formation of a perma- 
nent fund for the support of Public Schools, shall be se- 
curely invested and remain a perpetual fund for that pur- 
pose. 

Sec. 3. All donations for the support of Public Schools 
or for other purposes of education, which shall be re- 
ceived by the General Assembly, shall be applied accord- 
ing to the terms prescribed by the donors. 

Sec. 4. The General Assembly shall make all the nec- 
essary provisions by law for carrying this Article into ef- 
fect. They shall direct the application of the interest 
arising from said fund ; but no law shall ever be passed 
authorizing said fund or any money appropriated to edu- 
cation or any part thereof, or the interest thereon, to be 
borrowed ; or to be diverted or appropriated to any other 
use than the support of Public Schools in this State. 

ARTICLE THIRTEENTH. 

OF AMENDMENTS. 

The General Assembly may propose amendments to 
this constitution by the votes of a majority of all the mem- 
bers elected to each house. Such propositions shall be 
published in the newspapers, and printed copies of said 



23 

propositions shall be sent by the Secretary of State, [with 
the names of all the members who shall have voted there- 
on, with the yeas and nays,] to all the town and city 
clerks in the State j and the said propositions shall be, by 
said clerks, inserted in the warrants or notices by them 
issued, for warning the next annual town and ward meet- 
ings in April, and the clerks shall read said propositions 
to the electors when thus assembled, [with the names of 
all the Representatives and Senators "who shall have vot- 
ed thereon, with the yeas and nays,] before the election 
of Representatives and Senators shall be had. If* a ma- 
jority of all the members elected to each house, at said 
annual meeting, shall approve any proposition thus made, 
the same shall be published and sent to the electors in the 
mode provided in the act of approval ; and if then approved 
by a majority of the electors of the State present, and vot- 
ing thereon in town and ward meetings, it shall become 
a part of the Constitution of the State. 

ARTICLE FOURTEENTH 

OF THE ADOPTION OF THIS CONSTITUTION, 

Section 1. This Constitution, if adopted, shall go into 
operation on the first [Wednesday] in May, in the year 
one thousand eight hundred and forty The first elec- 

tion of Governor, Lieutenant Governor, Secretary of State, 
Attorney General, and General Treasurer, and of Repre- 
sentatives and Senators under said Constitution, shall be 
had on the third Wednesday of April next preceding. 
[Add And the town and ward meetings therefor shall be 
warned and conducted as is now provided by law.] All 
civil, judicial and military officers now elected, or who 
shall hereafter be elected by the General Assembly, or oth- 
er competent authority, before the said first [Wednes- 
day] of May, shall hold their offices and may exercise their 
powers until that time, [add or until their successors are 
qualified to act.] All statutes, public and private, not re- 
pugnant to this Constitution, shall continue in force until 



24 

they expire by their own limitation, or are repealed by 
the General Assembly. All charters, contracts, judg- 
ments, actions, and rights of action, shall be as valid as 
if this Constitution had not been made. The present 
government shall exercise all the powers, [omit not repug- 
nant to this Constitution.] with which it is now clothed un- 
til the said first [Wednesday] of May, one thousand eight 
hundred and forty , and until their successors 

under this Constitution are duly elected and qualified. 

Sec. 2. All debts contracted, and engagements entered 
into, before the adoption of this Constitution, shall be as 
valid against the State, as if this Constitution had not 
been formed. 

Sec. 3. The Supreme Judicial Court, established by 
this Constitution, shall have the same jurisdiction as the 
Supreme Judicial Court at present established, and shall 
have jurisdiction of all causes which may be appealed to, 
or pending in the same, and shall be held at the same 
times and places, and in each county, as the present Su- 
preme Judicial Court, until otherwise prescribed by the 
General Assembly. 

Sec. 4. The towns of Jamestown and New-Shoreham 
shall continue to appoint their wardens with the powers 
and duties of Justices of the Peace, and to enjoy the ex- 
emptions from military duty which they now enjoy, un- 
til otherwise prescribed by law. 






r o >• 



i V ^v * \ 

> •?.?• a <» *r*vr« 6* "&, ♦...» A ^ ♦TXT 









* 4. • 






;♦ *> 



^°* 



<?,. '.Trr** A c? *». •i^ t ,** 









* o 



<?^ *•-• 



* As&fcS- c .^* <♦*.•;&&**- 



• r*+ A v 



i v *. < • ■ 



> ..*iL'* <^ jy ***** <> 



••••./ 



sm£\ %,** :gm-.. \/' ? -^te- %/ ' ••'' 



.<£>". 



" c° .-i^- °» 4* -^to.% <-° *£dk °» - 



> r 



.* 



<°* .• 



>°^K V 



.* .* 



H° 






> ^ 



o,. '•^•' ,0° v *.Tr;T- .* r ^ ♦T^r«* .0 






1* .••.*•. *** v sv .«iii'» ^ 



s^, 






r ^ V -V : . 



*, -«»*• A <^ *-T7i* <0 




% 



^ .'^i. % 



<r . 






^^ • 







v ^^> % .^ r ^ •.7?r- # ao ; v -Tr, •• ^ 



* 9 ►•A'i:./ > 



-/ «•• 



%y •* 






r • . » * A 



0* 4 










o. ■ 










<-> I* 



* *v 



►<% 



I 



■'4SRb'. *<?, A* .V 



Sfl^ *°v* :«K* ** JflHfK* 'by* 4 :4§te 



*°*<K. V 



**Vv 









;• <^ 









* ... 






* .• 



% 



>\.i^% *«s 



^"v °.;W$?*" v v % vlllK*'' i^^ °*W5v ** \ 



» o 



o, •• . . • .A <. ♦/TV** .0 







• ** A 




^ /flfe*. \, c / ;^-. <^ » V** 



IP ti 



^ v 



v<v 






«?v v 



L* 







N. MANCHESTER, 
INDIANA 46962 




^ ***** v ^ <, *-7vT s ,G^ 




•o^ ,- k 



iPV 



^°^ 



r a » .0- 



^trv **-—•* t& 



o. * 




LIBRARY OF CONGRESS 



